H1B RFE (Request for Evidence) Guide
What triggers an H1B RFE, common RFE types, how to respond, and tips to strengthen your petition upfront.
1What Is an RFE?
A Request for Evidence (RFE) is USCIS asking for additional documentation before they can approve an H1B petition. Receiving an RFE doesn't mean your petition is denied — it means USCIS needs more information. However, RFEs add time and cost to the process, and a poor response can lead to denial.
2Most Common H1B RFE Reasons
The most frequent RFEs involve: (1) specialty occupation — USCIS questions whether the job genuinely requires a bachelor's degree in a specific field, (2) employer-employee relationship — particularly for IT staffing firms placing workers at third-party client sites, (3) specialty degree requirement — USCIS questions whether the worker's degree is in the relevant field, and (4) business necessity — for smaller or newer companies where the need for the specialty role isn't clear.
3How to Respond to an RFE
Your employer's immigration attorney must respond within the timeframe USCIS specifies (usually 84 or 87 days from the RFE date). The response should directly address every point USCIS raised and include supporting documentation such as: detailed job duty analysis, industry data on degree requirements, company financials (for new companies), contracts with clients (for staffing firms), and expert opinion letters from academics or practitioners.
4Preventing RFEs Upfront
A well-prepared initial petition significantly reduces RFE risk. Key preventive steps include: writing a detailed and accurate job description that clearly describes specialty occupation duties, documenting why the specific degree is required for the role, providing evidence of the employer's business and ability to pay, and if placing workers at client sites, including detailed contracts showing employer control.
5RFE Response Approval Rates
USCIS approval rates on RFE responses have historically been around 70-80%, though this varies by petition type and USCIS workload. Premium processing (expedited review) doesn't prevent RFEs but does speed up the initial review — the 15-business-day clock restarts from when the RFE response is filed.
Frequently Asked Questions
How long does it take to get an RFE response adjudicated?
With regular processing, it can take 3-6 months after submitting your RFE response. Premium processing takes 15 business days from when USCIS receives the response.
What happens if USCIS denies after the RFE response?
You can file a Motion to Reopen (MTR) or Motion to Reconsider (MTX) with USCIS, or appeal to the Administrative Appeals Office (AAO). These processes can take many months. Some employers and workers choose to refile with a stronger initial petition instead.